Ratan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10290 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Ratan Yadav, S/o Late Jhariya Yadav,

2. Rajendra Yadav,

3. Birendra Yadav,

4. Dhirendra Yadav 2 to 4 all are Sons of Late Rudo Yadav,

5. Pinkesh Yadav S/o Rajendra Yadav, All are R/o Village- Patraun, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Gogri PS case no. 265 of 2017 registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code. After some arguments, the learned counsel for the petitioners seeks to withdraw the anticipatory bail petition of the petitioner No.4, namely, Dhirendra Yadav with permission to file regular bail petition.

Accordingly, the petition of the petitioner No.4 is disposed of as withdrawn with a liberty to approach the concerned court and in case he surrenders within four weeks from today and file a petition with a prayer to grant regular bail, the same shall be considered

Patna High Court Cr.Misc. No.10290 of 2018 (2) dt.21-02-2018 2/2 and disposed of on the same day.

Now, coming to the merits of the case, the allegation is regarding firing by the accused persons, namely, Lalan Yadav and Dhirendra Yadav, the petitioner No.4 and the accused persons assaulting the informant's side.

The learned counsel for the petitioners submits that as far as the petitioner nos. 1,2,3 and 5 are concerned, there is no specific allegation of any overt act as against them and they have a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner Nos. 1,2,3 and 5, namely, Ratan Yadav, Rajendra Yadav, Birendra Yadav and Pinkesh Yadav are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Gogri PS case no. 265 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T